SEC. 11. (a) The consent of the Congress is hereby given to two or more States to negotiate and enter into agreements or compacts not in conflict with any law or treaty of the United States for cooperative effort and mutual assistance in certificating sites and related bulk power supply facilities of electric entities, for the enforcement of their respective laws thereon, and for the establishment of such authorities of agencies, joint or otherwise, as they may deem desirable for implementing such agreements or compacts. The right to alter, amend, or repeal this section is expressly reserved.

b) It is the intent of Congress to encourage cooperation among the Various State and regional certifying agencies in the planning of bulk power facilities and in their review of applications for Certificates of site and facility including the establishment of cooperative procedures and joint actions by the several States, and also to encourage compacts between the States to coordinate and resolve environmental considerations which affect bulk power supply facilities.

SEC. 12. Each State or regional certifying body qualified pursuant to a Certificate of qualification of procedure and the Federal certifying agency are hereby authorized to assess and collect fees, including filing fees, in a just and equitable manner from every electric entity and Federal electric entity operating within the jusridiction of the legal authorities and procedures of said body, such assessment and collection to be in an amount not in excess of the cost of administration of the qualified body's certification program, including the cost of all necessary studies and the cost of personnel.

SEC. 13. The Federal certifying agency, in cooperation with other interested Federal agencies and the electric power industry, is authorized to develop a coordinated program of studies of new and evolving siting concepts relative to bulk power supply facilities in consultation with interested State, regional and local governmental authorities and the electric entities. The Federal agencies shall make public the results of their studies.

SEC. 14. All departments and agencies of the Federal government are authorized to cooperate with the State, regional, and Federal certifying bodies so as to foster and fully effectuate the purposes of this Act. Those departments and agencies are authorized to make available to the various certifying bodies, staff experts, information and technical assistance upon request or as provided for in the guidelines published pursuant to Section 9 hereof. Upon the request of one or more States for a study of the environmental considerations affecting bulk power supply in its or their region, or the regional impact of any specific proposed bulk power supply facility, appropriately directed to a Federal department or agency, said department or agency are authorized to undertake such study in cooperation with other interested Federal, State and local agencies and make its findings available to all concerned.

SEC. 15. The orders or decisions of the Federal certifying agency pursuant to this Act shall be subject to review pursuant to the provisions of 5 U.S.C. 701-706. The orders and decisions of the State or regional certifying agencies pursuant to this Act shall be subject to review pursuant to applicable State law.

SEC. 16. (a) The provisions of this Act shall in no way alter or affect the jurisdiction of the Council on Environmental Quality or the requirements of the National Environmental Policy Act of 1969, 83

Stat. 852, except that the detailed statements required by Section 102 (2) (c) thereof, where the certifying agency has followed a substantially comparable procedure, shall not be required for any Federal actions with respect to bulk power supply facilities which require a Certificate of site and facility pursuant to Section 6 of this Act;

(b) Nothing herein contained shall be construed to relieve any present or future requirement arising from any Federal law, which may be applicable to any natural person, artificial person, or interest of government, Federal or State, or to affect in any way the authority of the Atomic Energy Commission under the Atomic Energy Act of 1954, as amended, or the Federal Power Commission under the Federal Power Act of 1935, as amended.

SEC. 17. (a) Whoever:

(1) without first obtaining a Certificate of site and facility, commences to construct a bulk power supply facility after 24 months after the date of enactment of this Act; or

(2) having first obtained a Certificate of site and facility, constructs, operates or maintains a bulk power supply facility other than in compliance with the Certificate; or

(3) causes any of the aforementioned acts to occur; shall be liable to a civil penalty of not more than $10,000 for each violation or for each day of a continuing violation. The penalty shall be recoverable in a civil suit brought by the Attorney General on behalf of the United States in the United States District Court for the district in which the defendant is located or for the District of Columbia.

(b) Whoever knowingly and willfully violates subsection (a) shall be fined not more than $1,000 for each violation or for each day of a continuing violation, or imprisoned for not more than 1 year, or both.

(c) In addition to any penalty provided in subsections (a) or (b), whenever the Federal certifying agency determines that a person is violating or is about to violate any of the provisions of this section, the agency shall refer the matter to the Attorney General who may bring a civil action on behalf of the United States in the United States district court for the district in which the defendant is located or for the District of Columbia to enjoin the violation and to enforce the Act or an order or certificate issued hereunder, and upon a proper showing a permanent or preliminary injunction or temporary restraining order shall be granted without bond.

ANALYSIS OF THE POWER PLANT SITING ACT OF 1971

SECTION 1. Short title.

bill

POLICY PREAMBLE

SEC. 2. Congressional findings and public policy reasons for this

to further national environmental policy set forth in National Environmental Policy Act of 1969;

to further national electric energy policy of the Federal Power Act; and

to act in the interests of the environment, interstate commerce, investors and consumers.

2a). Finding that bulk power facilities needed for reliable power ply be constructed in a timely basis in consonance with environmental and natural resource values.

2b). Determination that in order to meet objective of 2(a) utilities should engage in long-range planning and bodies should be established to certify bulk power facilities prior to construction.

2). Finding that the siting of bulk power facilities is a significant and use issue which should be resolved on a State or regional level. 2 d). Finding that Federal, regional and State authorities should act expeditiously in reviewing and certifying bulk power facilities. 2 e). Determination that Federal guidelines are needed for the -Federal, regional, and State certifying agencies.

2. Determination that the long-range planning should be carried ot through the National and regional reliability councils, which are oluntary groups open to all systems in the industry; and that these uncils participate in the work of the FPC under Section 202(a) of the Federal Power Act.

2g). Determination that the Federal Government assist in the development of new siting approaches for power plants and in the ultiple use of rights of way and facilities for other utilities and public

services.

DEFINITIONS

SEC. 3. Definition section covering particular terms used in the Bill. 3a). Describes one of two types of regulated parties, "electric entities" which are all non-Federal systems which own or operate bulk power supply facilities"; "electric entities" include States, municipals, individuals, corporations, cooperatives and any other types of organizations.

3b). Describes the other type as "federal electric entity"; e.g., the Tennessee Valley Authority and the Bonneville Power Administration. 3). Identifies "bulk power supply facilities" as electric generating equipment of 300,000 kilowatts or more and transmission lines of 230 kilovolts and higher, together with associated facilities; but any

facilities licensed under Part I of the Federal Power Act shall not b subject to the jurisdiction of the certifying bodies established unde this Act.

3(d). States that the "Federal certifying agency" will be suc Federal agency, agencies or department as may be designated by th President (after its establishment it is intended that the Departmen of Natural Resources be designated the Federal certifying agency). 3(e). Identifies the State or regional agencies who may certificat sites and facilities.

3(f). Defines "regional" as two or more States.

3(g). Defines the "commencement of construction" in terms of sit preparation which would adversely affect the natural environment bu excludes temporary recreational use, preconstruction testing an monitoring to establish site suitability.

LONG-RANGE PLANNING

SEC. 4. Establishes a statutory requirement that all "electr entities and Federal electric entities" prepare coordinated region long-range plans for bulk power supply facilities and that the pla be made available to government and the public.

4(a). Requires each "electric entity and Federal electric entity prepare annually, long-range plans for bulk power facilities in a cordance with FPC guidelines and permits these to be part of a sing regional plan.

4(a)(1). Requires the plans to identify the general location, siz and type of facilities whose construction is to begin during the follo ing 10 years or longer (not to exceed a total of 15 years) if determin to be necessary by the Federal certifying agency and also to indic any facilities which may be removed from utility service during period or as a result of the completion of the new facilities.

4(a)(2). Requires that the plans identify tentative alternat sites for power plants over 300,000 kilowatts and the general locat of routes for transmission lines over 230 kilovolts at least 5 years advance of construction and that they indicate the environmen effects and how potential adverse effects may be avoided or minimi 4(a)(3). Requires that the plans indicate how the bulk po facilities are coordinated on a regional basis to meet the electric po needs of the region.

4(a) (4). Requires that the plans indicate how environmental tection and land-use planning agencies have been involved in planning process to minimize environmental problems.

4(a) (5). Requires that the plans provide such additional informa as the Federal certifying agency upon the advice of interested S and Federal agencies may prescribe.

4(b). Requires that each "electric entity and Federal ele entity" file annually, copies of the long-range plan, including jections of the electric demand they are intended to meet, appropriate government agencies at the Federal, regional, State local levels and with interested citizens groups requesting them.

CERTIFYING AGENCY JURISDICTION AND QUALIFICATION PROCED

SEC. 5. Establishes a system for the certification of large el power plants and high voltage transmission facilities prior to construction.

5a). Affords the states an initial period of two years in which to establish a decision-making body at the State or regional level to ertify the sites and related bulk power facilities of non-Federal Cities. These decision-making bodies would be either an existing agency of state government such as a natural resource agency or the pible utility commission, or a newly created power plant siting agency or decision-making body.

Requires that the State or regional certifying agencies provide for the participation in the decision-making process by environmental protection, natural resource, planning and electric power service agencies of the State government and for participation by the public Requires that the State or regional certifying agencies be estabbed and administered in accordance with the requirements of the Art and guidelines and any subsequent revisions thereto to be prepared and published in accordance with Section 9.

5 b). Provides for notice to the Federal certifying agency by the governor of each State which establishes a certifying agency, review of the authorities and procedures by the Federal certifying agency, and issuance of a Certificate of qualification of procedure if they are compliance with the Act including the guidelines established in ordance with Section 9.

Requires the Federal certifying agency to revoke the Certificate of alification if the State or regional certifying agency fails to observe the requirements of the Act.

Provides that the Certificate of qualification shall constitute consive evidence to exercise the provisions of Section 6.

5). Authorizes a Federal certification procedure applying Federal Fandards only with respect to electric entities in any State which es not establish and qualify its procedures within this two year erd or has its qualification of procedure revoked; such Federal ertification to continue in any State until the latter has a qualified ertification procedure.

Authorizes transitional procedures which the Federal certifying y may adopt in transferring pending matters to State or rePal certifying agencies which so qualify.

G.

4. Requires that the Federal certifying agency consult with the ernor of each affected State before denying or revoking a Certifitate of qualification of procedure, affording the State time for resive action.

5e. Authorizes judicial review of the Federal certifying agency o denying a Certificate of qualification or revoking an effective cate; jurisdiction being in the United States Court of Appeals, venue stated; and provisions for subsequent judicial review by United States Supreme Court.

TIFICATION, IMPLEMENTATION, ELECTRIC ENTITIES, AND FEDERAL

ELECTRIC ENTITIES

6 Implements the certification requirements for bulk power facilities of all non-Federal and Federal electric systems by regional or Federal certifying agencies.

Prohibits the commencement of construction or the beginof operation of non-Federal bulk power supply facilities two after enactment unless a certificate of site and facility is obd from the qualified State or regional certifying agency or lacking a uqalified agency from the Federal certifying agency.